Lawrence v. Montgomery
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. The complaint averred that Bridget M. Evoy, the testatrix, on the 26th day of April, 1865, was indebted to the plaintiff and John A. Woodson in the sum of five hundred dollars, and, to pay three hundred dollars thereof, on said day made and delivered to them the following deed: “ This indenture, made the 26th day of April, in the year of our Lord one thousand eight hundred and…
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. The complaint averred that Bridget M. Evoy, the testatrix, on the 26th day of April, 1865, was indebted to the plaintiff and John A. Woodson in the sum of five hundred dollars, and, to pay three hundred dollars thereof, on said day made and delivered to them the following deed: “ This indenture, made the 26th day of April, in the year of our Lord one thousand eight hundred and sixty-five, between Joseph D. Mulliken and Bridget M. Evoy, parties of the first part, and E. A. Lawrence and John A. Woodson,…
1Opinion of the Court
By the Court, Crockett, J.:
It is somewhat difficult to determine whether this action is based upon an alleged breach of the implied covenants in the deed from Evoy to Lawrence and Woodson, or upon the alleged fraudulent representations of Evoy as to the title. In one part of the complaint we find an averment “that by virtue of the covenants of said deed said Bridget M. Evoy covenanted and agreed that she had title to said premises, and the right to convey the same, and that she had not, prior thereto, conveyed the same to any person except to said plaintiff and Woodson.” In another part is an…
2Cases cited7 opinions
- Mitchell v. WarnerSupreme Court of Connecticut · 1825
- Bickford v. PageMassachusetts Supreme Judicial Court · 1807
- Greenby v. WilcocksNew York Supreme Court · 1806
- Green v. HackleyCourt of Appeals of Kentucky · 1860
- Kane v. SangerNew York Supreme Court · 1817
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3Cited by21 opinions
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- Curtis v. BrannonTennessee Supreme Court · 1897
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- Parker v. BeasleyNew Mexico Supreme Court · 1936
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